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Articles 1 - 30 of 16001
Full-Text Articles in Intellectual Property Law
Foreword, Jessica Silbey
Foreword, Jessica Silbey
Faculty Scholarship
Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …
Against Progress: Intellectual Property And Fundamental Values In The Internet Age
Against Progress: Intellectual Property And Fundamental Values In The Internet Age
Stanley H. Mervis Lecture
No abstract provided.
Editorial Board, Chicago-Kent Journal Of Intellectual Property
Editorial Board, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard
Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard
Chicago-Kent Journal of Intellectual Property
Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents (“SEPs”) governed by a commitment to license on Fair Reasonable and Non Discriminatory (“FRAND”) terms. The paper finds that FRAND rules generally surpass standards, but only under specific conditions.
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham
Washington Journal of Law, Technology & Arts
Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho
Washington Journal of Law, Technology & Arts
With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …
Ea Sports: It’S In The Federal Legislation, Gia Silahian
Ea Sports: It’S In The Federal Legislation, Gia Silahian
Hastings Communications and Entertainment Law Journal
No abstract provided.
Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray
Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray
Hastings Communications and Entertainment Law Journal
No abstract provided.
Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen
Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen
Hastings Communications and Entertainment Law Journal
For decades, songwriters have been short changed in their music royalties and copyright splits. This Note explores the historical inequity between songwriters and their counterparts—labels and recording artists—in royalty receipts, and potential methods by which this wrong may be righted in the next iteration of the internet, Web 3.0. Battles of the past can serve as a frame of reference in evaluating how songwriters will be compensated in Web 3.0. Tech companies cannot have a free pass to disregard licensing laws in the name of fast profits. This Note analyzes how music will be consumed and profited off of in …
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
Hastings Communications and Entertainment Law Journal
Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …
Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan
Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan
UIC Law Review
No abstract provided.
Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman
Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman
Joint PIJIP/TLS Research Paper Series
Theses and dissertations (TD) are academic research projects that are conducted by graduate students to acquire a high academic degree, such as a PhD. The perception of the written TD has evolved over the years, following changes concerning the purpose of advanced academic studies. Today, these academic fruits should meet a high standard of academic innovation, which is understood broadly as encompassing not only knowledge concerning basic science but also the knowledge that generates social and economic value for society.
The modern perception of TD has generated a call for their greater accessibility, as part of the Open Science movement. …
A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. Mckenna
A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. Mckenna
Faculty Scholarship
This chapter describes our qualitative study of designers and design practice. It situates the study in the broader field of empirical studies of intellectual property, and it describes in detail the methodology and benefits of a qualitative interview study of designers and design practice to shed light on some of the persistent puzzles in design law. The chapter focuses on four lines of inquiry: defining “design” and “design practice” from within the profession; exploring the various inputs to design practice and the process of “problem solving” designers pursue; understanding what “integrated” form and function mean to designers; and explaining the …
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Cleveland State Law Review
Thank you for your kind introduction, Lee. Thank you too for your mentorship, support, and friendship over the years. I would not be where I am today but for having you in my life. And I want to thank both you and Professor Laser for inviting me to join you today—and for providing a soap box to champion the importance of a robust intellectual property system.
Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser
Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser
Cleveland State Law Review
The United States Court of Appeals for the Federal Circuit was created in 1982 to unify and clarify patent law, inter alia. It was built from political compromise after the Hruska Commission, which studied the caseload crisis in the federal appellate courts in the 1970s, initially recommended creation of a new National Court of Appeals that would exist between the regional federal appellate circuits and the Supreme Court. The Federal Circuit judges admirably implemented these functions for four decades.
However, the initial function of the Federal Circuit might no longer be as needed in the current judicial climate. The environment …
Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy
Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy
Copyright, Fair Use, Scholarly Communication, etc.
Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"
Case Summary: Dr. Seuss Enterprises V. Comicmix Llc: Ninth Circuit Affirms Copyright Fair Use And Trademark Infringement Precedents
Golden Gate University Law Review
More than twenty years ago, in Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., the Ninth Circuit favored Seuss, concluding that The Cat NOT in the Hat!, a self-described “parody” of The Cat in the Hat, did not represent “fair use” of the children’s book under the Copyright Act. In 2019, Seuss entered litigation with ComicMix, the creator of Oh, the Places You’ll Boldly Go!
(“Boldly”), another self-proclaimed parody of the Dr. Seuss classic Oh, the Places You’ll Go! (“Go!”). The case presented a set of facts strikingly similar to those in …
Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser
Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser
The Global Business Law Review
Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …
From Patients To Patents: The Disappearing I Of Innovation, Maggi Robert
From Patients To Patents: The Disappearing I Of Innovation, Maggi Robert
St. Mary's Law Journal
The creation of the Mayo/Alice two-step test for patent eligible subject matter flipped the patent world upside down. Following its establishment, invalidation rates soared—particularly in the healthcare sector—impacting patients everywhere. The importance of patents in healthcare innovation and innovation generally has been emphasized as the consequences of this framework are realized.
The United States is no longer seen as a clear leader in innovation, and as a result, the economy is at risk. Start-ups and investors have turned to foreign nations where return on their investments in innovation are protected. This level of uncertainty regarding patents has never been seen …
Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf
Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf
Copyright, Fair Use, Scholarly Communication, etc.
French Résultats principaux
Coûts 2020
- Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
- Coûts des APC en 2020: 30,1 M€
Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:
- Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
- Coûts des APC en 2030: 50,6 M€
Coûts prédits dans un scenario d'accélération vers le gold OA:
- Coûts des APC en 2030: 68,7 M€
Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:
- Coûts des APC en 2030: 38,5 M€
Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Washington Law Review
The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted in a consent decree that required Everalbum to delete not only unlawfully collected data, but also algorithms created using that data. The FTC had imposed this kind of penalty only once before. Questions remain about how the FTC will apply this so-called intellectual property (IP) deletion requirement in the future. This Comment argues that situations where companies develop intellectual property from misappropriated consumer data are analogous to cases where courts seek to apply the property law rule of the wrongful improver, i.e., where one party knowingly …
An Empirical Study Of Copyright’S Substantial Similarity Test, Clark D. Asay
An Empirical Study Of Copyright’S Substantial Similarity Test, Clark D. Asay
UC Irvine Law Review
The substantial similarity test is copyright law’s dominant means by which courts determine whether a party has infringed another party’s copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it. To date, only a few empirical studies exist, and these are limited in several important ways, including with regards to scope, time periods covered, and volume of opinions. Mostly, courts, commentators, and scholars rely on anecdotal accounts of the test in both their conceptualizations and critiques of it.
To help provide a clearer empirical assessment of the test, this study …
How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster
How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster
Capstone Projects and Master's Theses
This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …
Rethinking Equitable Estoppel In Patent Law, Joshua J. Lustig
Rethinking Equitable Estoppel In Patent Law, Joshua J. Lustig
Northwestern Journal of Technology and Intellectual Property
In almost every context, the Federal Circuit has used estoppel doctrines to provide protection to parties from some sort of injustice. Yet recently, with equitable estoppel, the Federal Circuit has decided to infuse concepts of Article III justiciability to justify limiting the doctrine as only applicable to issued patents. In doing so, the Federal Circuit has ignored the long history behind equitable estoppel in favor of a rule that is improperly rationalized by the Constitution. This note argues that Federal Circuit's recent equitable estoppel jurisprudence is inconsistent with equity's goal of fairness and presents a new theory of equitable estoppel …
Copyright And Federalism: Why State Waiver Of Sovereign Immunity Is The Best Remedy For State Copyright Infringement, Leroy J. Ellis V
Copyright And Federalism: Why State Waiver Of Sovereign Immunity Is The Best Remedy For State Copyright Infringement, Leroy J. Ellis V
Northwestern Journal of Technology and Intellectual Property
When a photographer intentionally takes a picture of a subject, or a writer puts a story to paper, the resulting works are protected by copyright. That protection is bolstered after the authors register their works with the Copyright Office. All private parties, from individuals to corporations, can be sued for infringing on the work should they use it without pay or permission.
However, what happens when the infringer is not a private party? What happens when the state or a state entity is the infringer? What happens when a public university decides to use a copyright owner’s work without pay …
Centering Black Women In Patent History, Jessica Silbey
Centering Black Women In Patent History, Jessica Silbey
Faculty Scholarship
Professor Kara Swanson’s latest article is a remarkable example of legal historical scholarship that excavates stories from the past to illuminate the present. It is chock full of archival evidence and historical analysis that explains gaps and silences in the United States patent registry as evidence of marginalized inventors–particularly Black women–who should be named inventors but are not.
The article is arresting reading for anyone interested in antebellum history, intellectual property, and the intersection of racism and sexism in law. Mostly, I am grateful to Professor Swanson for doing the obviously very hard work of digging through archives, reading microfiche, …
Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu
Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu
IP Theory
In the year 1978, the 1976 Copyright Act had just entered into effect. Marshall Leaffer, whom this article will affectionately refer to by his first name, had just completed his duties as an attorney advisor at the U.S. Copyright Office. On his way to academia, he, like the fictional character Captain William “Buck” Rogers, was to experience cosmic forces beyond all comprehension. In a freak mishap, his car veered off a rarely used mountain road and was frozen by temperatures beyond imagination. He did not return to academia until more than forty years later. What will he discover upon his …
Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy
Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy
Copyright, Fair Use, Scholarly Communication, etc.
Included:
● Public access background and context
● Summary of the 2022 OSTP Memorandum
● Clarification about the scope of the 2022 OSTP Memorandum
● Timeline for agency adoption of the 2022 OSTP Memorandum
● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)
● Questions and answers